Senate Bill 2243

AN ACT TO AMEND SECTION 9-9-9, MISSISSIPPI CODE OF 1972, TO
ESTABLISH THAT A COUNTY JUDGE SHALL NOT OTHERWISE PRACTICE LAW; TO AMEND
SECTION 9-9-11, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION OF THE
OFFICE OF COUNTY COURT JUDGE; TO AMEND SECTION 23-15-975, MISSISSIPPI CODE OF
1972, IN CONFORMITY; TO AMEND SECTION 9-1-19, MISSISSIPPI CODE OF 1972, TO
REVISE THE AUTHORITY OF JUDGES TO GRANT REMEDIAL WRITS; TO AMEND SECTION 9-1-23,
MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY COURT JUDGES AS THOSE WHO ARE
CONSERVATORS OF THE PEACE; TO AMEND SECTION 9-1-25, MISSISSIPPI CODE OF 1972,
TO INCLUDE COUNTY COURT JUDGES AMONG THOSE WHO ARE NOT TO PRACTICE LAW; TO
AMEND SECTION 9-1-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COUNTY COURT TO
OBTAIN A SEAL; TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO INCLUDE
COUNTY COURT JUDGES AMONG THOSE FOR WHOM AN OFFICE ALLOWANCE IS APPROPRIATED;
TO AMEND SECTION 9-9-23, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND
SECTION 43-21-107, MISSISSIPPI CODE OF 1972, TO REMOVE ALL REFERENCES TO THE
FAMILY COURT; TO AMEND SECTION 43-21-111, MISSISSIPPI CODE OF 1972, TO PROVIDE
THAT STATE FUNDING WILL BE CONTINGENT ON A COUNTY'S REGULAR YOUTH COURT REFEREE
COMPLYING WITH ANNUAL TRAINING REQUIREMENTS; TO AMEND SECTION 43-21-123,
MISSISSIPPI CODE OF 1972, TO AUTHORIZE NONSTATE GENERAL FUNDING OF YOUTH COURT
REFEREES IN COUNTIES NOT HAVING A COUNTY COURT AND TO PROVIDE FOR NONSTATE
GENERAL FUND AND COUNTY CONTRIBUTIONS TOWARD THE YOUTH COURT BUDGET; TO AMEND
SECTIONS 9-13-17 AND 9-13-61, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR
RELATED PURPOSES.

9-9-9.
The county judge shall not practice law * * *, but
this prohibition shall not prohibit the judges of the county courts from
practicing in any of the courts so far as to enable them to bring to a
conclusion cases actually pending when they were appointed or elected, in which
such county judges were then employed as provided in Section 9-1-25,
Mississippi Code of 1972, for judges of the circuit court and chancellors.

9-9-11. * * * The county court judge shall receive an
annual salary payable monthly * * *
in the amount of One Thousand Dollars ($1,000.00) less than the annual
salary which is now or shall hereafter be provided for circuit and chancery
judges of this state. * * * The office of county court judge * * * shall be a full-time
position, and the holder thereof shall not otherwise engage in the practice of
law.

23-15-975.
As used in Sections 23-15-974 through 23-15-985 of this subarticle, the
term "judicial office" includes the office of justice of the Supreme
Court, judge of the Court of Appeals, circuit judge, chancellor, and
county court judge * * *.
All such justices and judges shall be full-time positions and such
justices and judges shall not engage in the practice of law before any court,
administrative agency or other judicial or quasi-judicial forum except as
provided by law for finalizing pending cases after election to judicial office.

9-1-19.
The judges of the Supreme, circuit and county courts,
and chancellors and judges of the Court of Appeals, in

termtime
and in vacation, may severally order the issuance of writs of habeas corpus,
mandamus, certiorari, supersedeas and attachments, and grant injunctions and
all other remedial writs, in all cases where the same may properly be granted
according to right and justice, returnable to any court, whether the suit or
proceedings be pending in the district of the judge or chancellor granting the
same or not. The fiat of such judge or
chancellor shall authorize the issuance of the process for a writ returnable to
the proper court or before the proper officer; and all such process or writs
may be granted, issued and executed on Sunday.

9-1-23.
The judges of the Supreme, circuit and county courts and chancellors and
judges of the Court of Appeals shall be conservators of the peace for the
state, each with full power to do all acts which conservators of the peace may
lawfully do; and the circuit judges, and chancellors and county
judges shall reside within their respective districts * * *.

9-1-25.
It shall not be lawful for any judge of the Supreme Court, Court of
Appeals or a judge of the circuit or county court, or a chancellor to
exercise the profession or employment of an attorney or counsellor at law, or
to be engaged in the practice of law; and any person offending against this
prohibition shall be guilty of a high misdemeanor and be removed from office;
but this shall not prohibit a chancellor, circuit judge, county judge
or a judge of the Court of Appeals from practicing in any of the courts for a
period of six (6) months from the time such judges or chancellors assume office
so far as to enable them to bring to a conclusion cases actually pending when
they were appointed or elected in which such chancellor or judge was then
employed, nor shall a judge of the Supreme Court be hindered from appearing in
the courts of the United States in any case in which he was engaged when he was
appointed or elected judge.

9-1-35.
The clerk of the Supreme Court and of the Court of Appeals, at the
expense of the state, and the clerk of every circuit, county and
chancery court, at the expense of the county, shall keep a seal, with the style
of the court around the margin and the image of an eagle in the center.

9-1-36.
(1) Each circuit judge,
county judge and chancellor shall receive an office operating allowance for
the expenses of operating the office of such judge, including retaining a law
clerk, legal research, stenographic help, stationery, stamps, furniture, office
equipment, telephone, office rent and other items and expenditures necessary
and incident to maintaining the office of judge. Such allowance shall be paid only to the extent of actual
expenses incurred by any such judge as itemized and certified by such judge to
the Supreme Court and then in an amount of Four Thousand Dollars ($4,000.00)
per annum; however, such judge may expend sums in excess thereof from the
compensation otherwise provided for his office. No part of this expense or allowance shall be used to pay an official
court reporter for services rendered to said court.

(2)
In addition to the amounts provided for in subsection (1), there is
hereby created a separate office allowance fund for the purpose of providing
support staff to judges. This fund
shall be managed by the Administrative Office of Courts.

(3)
Each judge who desires to employ support staff after July 1, 1994, shall
make application to the Administrative Office of Courts by submitting to the
Administrative Office of Courts a proposed personnel plan setting forth what
support staff is deemed necessary. Such
plan may be submitted by a single judge or by any combination of judges
desiring to share support staff. In the
process of the preparation of the plan, the judges, at their request, may
receive advice, suggestions, recommendations and other assistance from the
Administrative Office of Courts. The
Administrative Office of Courts must approve the positions, job descriptions
and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan
which does not first require the expenditure of the funds in the support staff
fund for compensation of any of the support staff before expenditure is
authorized of county funds for that purpose.
Upon approval by the Administrative Office of Courts, the judge or
judges may appoint the employees to the position or positions, and each
employee so appointed will work at the will and pleasure of the judge or judges
who appointed him but will be employees of the Administrative Office of Courts. Upon approval by the Administrative Office
of Courts, the appointment of any support staff shall be evidenced by the entry
of an order on the minutes of the court.
When support staff is appointed jointly by two (2) or more judges, the
order setting forth any appointment shall be entered on the minutes of each
participating court.

(4)
The Administrative Office of Courts shall develop and promulgate minimum
qualifications for the certification of court administrators. Any court administrator appointed on or
after October 1, 1996, shall be required to be certified by the Administrative
Office of Courts.

(5)
Support staff shall receive compensation pursuant to personnel policies
established by the Administrative Office of Courts; however, from and after
July 1, 1994, the Administrative Office of Courts shall allocate from the
support staff fund an amount of Forty Thousand Dollars ($40,000.00) per fiscal
year (July 1 through June 30) per judge for whom support staff is approved for
the funding of support staff assigned to a judge or judges. Any employment pursuant to this subsection
shall be subject to the provisions of Section 25-1-53.

The Administrative Office of Courts may
approve expenditure from the fund for additional equipment for support staff
appointed pursuant to this section in any year in which the allocation per
judge is sufficient to meet the equipment expense after provision for the
compensation of the support staff.

(6)
For the purposes of this section, the following terms shall have the
meaning ascribed herein unless the context clearly requires otherwise:

(b)
"Support staff" means court administrators, law clerks, legal
research assistants or secretaries, resource administrator and case managers
appointed by a youth court

judge,
or any combination thereof, but shall not mean school attendance officers;

(c)
"Compensation" means the gross salary plus all amounts paid
for benefits or otherwise as a result of employment or as required by
employment; provided, however, that only salary earned for services rendered
shall be reported and credited for Public Employees' Retirement System
purposes. Amounts paid for benefits or
otherwise, including reimbursement for travel expenses, shall not be reported
or credited for retirement purposes.

(7)
Title to all tangible property, excepting stamps, stationery and minor
expendable office supplies, procured with funds authorized by this section,
shall be and forever remain in the State of Mississippi to be used by the * * * judge * * * during the term
of his office and thereafter by his successors.

(8)
Any * * *
judge * * * who did
not have a primary office

provided
by the county on March 1, 1988, shall be allowed an additional Four Thousand
Dollars ($4,000.00) per annum to defray the actual expenses incurred by such
judge * * * in
maintaining an office; however, any * * *
judge * * * who
had a primary office provided by the county on March 1, 1988, and who vacated
the office space after such date for a legitimate reason, as determined by the
Department of Finance and Administration, shall be allowed the additional
office expense allowance provided under this subsection.

(9)
The Supreme Court, through the Administrative Office of Courts, shall
submit to the Department of Finance and Administration the itemized and
certified expenses for office operating allowances that are directed to the
court pursuant to this section.

(10)
The Supreme Court, through the Administrative Office of Courts, shall
have the power to adopt rules and regulations regarding the administration of
the office operating allowance authorized pursuant to this section.

9-9-23.
The county judge shall have power to issue writs, and to try matters, of
habeas corpus on application to him therefor, or when made returnable before
him by a superior judge. He shall also
have the power to order the issuance of writs of certiorari, supersedeas,
attachments, and other remedial writs in all cases pending in, or within the
jurisdiction of, his court. He shall
have the authority to issue search warrants in his county or district
returnable to his own court or to any court of a

justice
court judge within his county or district in the same manner as
is provided by law for the issuance of search warrants by justice court
judges. In all cases pending in, or
within the jurisdiction of, his court, he shall have, in termtime, and in
vacation, the power to order, do or determine to the same extent and in the
same manner as a justice court judge or a circuit judge or a chancellor
could do in termtime or in vacation in such cases. But he shall not have original power to issue writs of
injunction, or other remedial writs in equity or in law except in those cases
hereinabove specified as being within his jurisdiction. Provided, however, that when any judge or
chancellor authorized to issue such writs of injunction, or any other equitable
or legal remedial writs hereinabove reserved, shall so direct in writing the
hearing of application therefor may be by him referred to the county judge, in
which event the said direction of the superior judge shall vest in the said
county judge all authority to take such action on said application as the said
superior judge could have taken under the right and the law, had the said
application been at all times before the said superior judge. The jurisdiction authorized under the foregoing
provision shall cease upon the denying or granting of the application.

(1)
A youth court division is hereby created as a division of the county
court of each county now or hereafter having a county court * * *, and the county judge shall be the judge of
the youth court unless another judge is named by the county judge as provided
by this chapter.

(2)
A youth court division is hereby created as a division of the chancery
court of each county in which no county court * * * is maintained and any chancellor within a
chancery court district shall be the judge of the youth court of that county
within such chancery court district unless another judge is named by the senior
chancellor of the county or chancery court district as provided by this
chapter.

(3)
In any county where there is no county court or family court on July 1,
1979, there may be created a youth court division as a division of the
municipal court in any city if the governing authorities of such city adopt a
resolution to that effect. The cost of
the youth court division of the municipal court shall be paid from any funds
available to the municipality for such purposes excluding state and county
funds.

43-21-111. (1)
In any county not having a county court or family court, * * * the judge may
appoint as provided in Section 43-21-123 regular or special referees who shall
be attorneys at law and members of the bar in good standing to act in cases
concerning children within the jurisdiction of the youth court, and a regular
referee shall hold office until removed by the judge. The requirement that regular or special referees appointed
pursuant to this subsection be attorneys shall apply only to regular or special
referees who were not first appointed regular or special referees prior to July
1, 1991.

(2) Any referee appointed pursuant to subsection
(1) of this section or subsection (3) of Section 43-21-107 shall be
required to receive judicial training approved by the Mississippi Judicial
College and shall be required to receive regular annual continuing education in
the field of juvenile justice. The
amount of judicial training and annual continuing education which shall be
satisfactory to fulfill the requirements of this section shall conform with the
amount prescribed by the Rules and Regulations for Mandatory Continuing
Judicial Education promulgated by the Supreme Court. The Administrative Office of Courts shall maintain a roll of
referees appointed under this section, shall enforce the provisions of this
subsection, shall maintain records on all such referees regarding such
training and shall not disburse funds to any county for the budget of a
youth court referee or any supplemental salary support for any regular youth
court referee or municipal youth court referee who is not in compliance with
the judicial training requirements.
Should a referee miss two (2) consecutive training sessions sponsored or
approved by the Mississippi Judicial College as required by this subsection or
fail to attend one (1) such training session within six (6) months of their
initial appointment as a referee, the referee shall be disqualified to serve
and be immediately removed as a referee and another member of the bar shall be
appointed as provided in this section.

(3) The judge may direct that hearings in any
case or class of cases be conducted in the first instance by the referee. The judge may also delegate his own
administrative responsibilities to the referee.

(4) All hearings authorized to be heard by a
referee shall proceed in the same manner as hearings before the youth court
judge. A referee shall possess all
powers and perform all the duties of the youth court judge in the hearings
authorized to be heard by the referee.

(5) An order entered by the referee shall be
mailed immediately to all parties and their counsel. A rehearing by the judge shall be allowed if any party files a
written motion for a rehearing or on the court's own motion within three (3)
days after notice of referee's order.
The youth court may enlarge the time for filing a motion for a rehearing
for good cause shown. Any rehearing
shall be upon the record of the hearing before the referee, but additional
evidence may be admitted in the discretion of the judge. A motion for a rehearing shall not act as a
supersedeas of the referee's order, unless the judge shall so order.

(6) The salary for the referee shall be * * * as provided in
Section 43-21-123 * * *.

(7) * * * The
judge of the chancery court may appoint a suitable person as referee to two (2)
or more counties within his district * * *.

43-21-123.
(1) Except for expenses
provided by state funds and/or other monies, the board of supervisors, or the
municipal governing board where there is a municipal youth court, shall
adequately provide funds for the operation of the youth court division of the appropriate
court in conjunction with the regular * * *
court budget * * *. The Administrative Office of Courts shall
establish a formula for the minimum level of compensation for all regular youth
court referees and municipal youth court referees which shall be based on the
case load of each youth court. Such
formula shall be reviewed by the Administrative Office of Courts at least every
two (2) years to ensure that the minimum regular youth court referee level of
compensation is in accordance with the youth court's case load. All counties utilizing a regular youth court
referee or cities utilizing a municipal youth court referee shall provide such
regular youth court referee or municipal youth court referee with a salary
which is not less than the minimum level of compensation established by the
Administrative Office of Courts. The
formula for the minimum level of compensation for regular youth court referees
shall not prohibit each county board of supervisors or city from establishing a
salary for regular youth court referees or municipal youth court referees which
exceeds the amount established by the Administrative Office of Courts. In preparation for said funding, on an
annual basis at the time requested, the youth court judge, regular youth
court referee or administrator shall prepare and submit to the board of
supervisors, or the municipal governing board of the youth court wherever the
youth court is a municipal court, an annual budget which will identify the
number, staff position, title and amount of annual or monthly compensation of
each position as well as provide for other expenditures necessary to the
functioning and operation of the youth court.
When the budget of the youth court or youth court judge is approved by
the board of supervisors or the governing authority of the municipality, then
the youth court, youth court
judge, regular youth court referee or administrator may employ such
persons as provided in the budget from time to time.

(2)
The board of supervisors of any county in which there is located a youth
court, and the governing authority of any municipality in which there is
located a municipal youth court, are each authorized to reimburse the youth
court judges, referees and other county-employed youth court
employees or personnel for reasonable travel and expenses incurred in the
performance of their duties and in attending educational meetings offering
professional training to such persons as budgeted.

(3)
(a) In addition to any monthly
compensation provided to a regular youth court referee or municipal youth court
referee by the county or city served by such regular youth court referee or
municipal youth court referee pursuant to subsection (1) of this section, each
regular youth court referee and municipal youth court referee may receive
monthly supplemental salary support funds payable by the Administrative Office
of Courts in an amount established by the Administrative Office of Courts.

(b) In order to ensure that all youth courts not served by a county
court have sufficient support funds to carry on the business of the youth
court, the Administrative Office of Courts may establish a formula for
providing support for those youth courts.
Youth court support funds may be available to each regular youth court
referee and municipal youth court referee so long as the senior chancellor does
not elect to employ a youth court administrator as set forth in paragraph (c)
of this subsection (3), and each regular youth court referee shall have the
individual discretion to appropriate those funds as expense monies to assist in
hiring secretarial staff and acquiring materials incident to carrying on the
business of the court within the referee's private practice of law, or may
direct the use of those funds through the county budget for court support
supplies or services. The regular youth
court referee and municipal youth court referee shall be accountable for
assuring through private or county employees the proper preparation and filing
of all necessary tracking and other documentation attendant to the
administration of the youth court. The
formula developed by the Administrative Office of Courts for providing youth
court support funds shall be reviewed by the Administrative Office of Courts
every two (2) years to ensure that the youth court support funds provided
herein are proportional to each youth court's case load. Approval of the use of any of the youth
court support funds made under this subsection shall be made by the Administrative
Office of Courts in accordance with procedures established by the
Administrative Office of Courts.

(c) In lieu of accepting any referee support funds as provided in
paragraph (b) of this subsection, when permitted by the Administrative Office
of Courts, the senior chancellors of Chancery Districts One, Two, Three, Four,
Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a
youth court administrator for the district whose responsibility will be to
perform all reporting, tracking and other duties of a court administrator for
all youth courts in the district which are under the chancery court
system. The Administrative Office of
Courts may allocate to each chancellor so electing a sum not to exceed Thirty
Thousand Dollars ($30,000.00) per year to cover the salary, fringe benefits and
equipment of each administrator, and an additional sum not to exceed One
Thousand Nine Hundred Dollars ($1,900.00) to cover travel expense of the
administrator.

(4)
(a) Counties in which a county
court exists shall make an annual contribution to the Administrative Office of
Courts in an amount of One Hundred Eleven Thousand Three Hundred Eleven Dollars
($111,311.00), divided into twelve (12) equal monthly installments. Each installment is due not later than the
close of business on the 25th day of the month preceding the month for which
the installment is due, or, if the 25th day falls on a holiday or weekend, on
the preceding regular business day.

(b) Counties failing to make the financial contributions required by
this subsection (4) of this act shall forfeit their right to receive their
homestead exemption reimbursement in an amount sufficient to repay obligations
due until such time as their indebtedness is satisfied or satisfactory
arrangements have been made. Homestead
exemption reimbursements, upon demand made in writing to the State Tax
Commission by the Administrative Office of Courts, shall be paid to the
Administrative Office of Courts and applied to the discharge of the obligation.

9-13-17.
The circuit judge, chancellor * * *
or county judge may, by an order spread upon the minutes and made a part of
the records of the court, appoint an additional court reporter for a term or
part of a term whose duties, qualifications and compensation shall be the same
as is now provided by law for official court reporters. The additional court reporter shall be
subject to the control of the judge or chancellor, as is now provided by law
for official court reporters, and the judge or chancellor shall have the
additional power to terminate the appointment of such additional court
reporter, whenever in his opinion the necessity for such an additional court
reporter ceases to exist, by placing upon the minutes of the court an order to
that effect. The regular court reporter
shall not draw any compensation while the assistant court reporter alone is
serving; however, in the event the assistant court reporter is serving because
of the illness of the regular court reporter, the court may authorize payment
of said assistant court reporter from the Administrative Office of Courts
without diminution of the salary of the regular court reporter, for a period
not to exceed forty-five (45) days in any one calendar year. However, in any circuit, chancery or
county * * * court
district within the State of Mississippi, if the judge or chancellor shall
determine that in order to relieve the continuously crowded docket in such
district, or for other good cause shown, the appointment of an additional court
reporter is necessary for the proper administration of justice, he may, with
the advice and consent of the board of supervisors if the court district is
composed of a single county and with the advice and consent of at least one-half
(1/2) of the boards of supervisors if the court district is composed of more
than one (1) county, by an order spread upon the minutes and made a part of the
records of the court, appoint an additional court reporter. The additional court reporter shall serve at
the will and pleasure of the judge or chancellor, may be a resident of any
county of the state, and shall be paid a salary designated by the judge or
chancellor not to exceed the salary authorized by Section 9-13-19. The salary of the additional court reporter
shall be paid by the Administrative Office of Courts, as provided in Section 9-13-19;
and mileage shall be paid to the additional court reporter by the county as
provided in the same section. The
office of such additional court reporter appointed under this section shall not
be abolished or compensation reduced during the term of office of the
appointing judge or chancellor without the consent and approval of the
appointing judge or chancellor.

9-13-61. There shall be an official court reporter
for each county * * *
court judge in the State of Mississippi, to be appointed by such judge, for the
purpose of performing the necessary and required stenographic work of the court
or division thereof over which the appointing judge is presiding, said work to
be performed under the direction of such judge and in the same manner and to
the same effect as is provided in the chapter on court reporting.

Except as hereinafter
provided, the reporters of said courts shall receive an annual salary of not
less than Twenty-four Thousand Dollars ($24,000.00) and may, at the discretion
of the board of supervisors, receive a monthly salary equal to that of the
reporter of the circuit court district wherein the county lies, the same to be
paid monthly by the county out of its general fund.

Provided, however,
that in any Class 1 county having a population in excess of fifty-six thousand
(56,000) persons according to the 1970 federal decennial census, the reporter
shall receive a monthly salary equal to that of the reporter of the circuit
court district wherein the county or family court lies, the same to be paid
monthly by the county out of its general fund.

Provided further,
that in any Class 1 county bordering on the Mississippi River and which has
situated therein a national military park and national military cemetery, and
having a population in excess of forty-four thousand (44,000) according to the
1970 federal decennial census, the reporter shall receive a monthly salary
equal to that of the reporter of the circuit court district wherein the county
lies, the same to be paid monthly by the county out of its general fund.

Provided further,
that in any Class 1 county bordering on the Mississippi River wherein U.S.
Highways 61 and 84 intersect, and having a population in excess of thirty-seven
thousand (37,000) in the 1960 federal decennial census, the reporter shall
receive a monthly salary equal to that of the reporter of the circuit court
district wherein the county lies, the same to be paid monthly by the county out
of its general fund.

Provided further, that in addition to the
foregoing compensation, all county and family court reporters shall be paid the
same fees for transcript of the record on appeals as are now or hereafter paid
circuit court reporters for like or similar work.

SECTION
15. The Attorney General of the
State of Mississippi shall submit this act, immediately upon approval by the
Governor, or upon approval by the Legislature subsequent to a veto, to the
Attorney General of the United States or to the United States District Court
for the District of Columbia in accordance with the provisions of the Voting
Rights Act of 1965, as amended and extended.

SECTION
16. This act shall take effect and
be in force from and after January 1, 2005, or the date it is effectuated under
Section 5 of the Voting Rights Act of 1965, as amended and extended, or the
date of approval, whichever is later.